What Is Express Consent in Colorado?
Express Consent
“Express consent” means that by driving on Colorado roads, you implicitly agree to provide a chemical sample—blood or breath—for testing if a law enforcement officer lawfully arrests you on suspicion of impairment. The statute, C.R.S. §42-4-1301.1, is triggered when you are arrested (e.g. for suspected DUI, DWAI, or other impaired-driving offenses). (Colorado Department of Revenue)
Upon arrest, you may be asked for either a breath test or a blood test.
Chemical Testing and Timing: Breath or Blood
The chemical test must be completed within 2 hours of driving for the result to be valid under express consent consequences. Upon arrest, you may be asked for either a breath test or a blood test.
| Offense | License Revocation Length | Early Reinstatement Allowed? |
| 1st offense | 9 months | On or after mandatory 1 month no driving |
| 2nd offense | 12 months | On or after mandatory 1 month no driving |
| 3rd offense | 24 months | On or after mandatory 1 month no driving |
If your chemical test result was 0.150 or higher, additional requirements apply after reinstatement: minimum 2 years of installing an ignition-interlock device (IID), plus likely enrollment in a Level II alcohol-education program and possibly an SR22 insurance rider. (Colorado Department of Revenue)
What Happens If You Refuse the Breathalyzer or Blood Test
Refusing to provide the required chemical sample triggers different penalties:
| Offense | License Revocation Length | Early Reinstatement Allowed? |
| 1st offense | 12 months | On or after mandatory 2 months no driving |
| 2nd offense | 24 months | On or after mandatory 2 months no driving |
| 3rd offense | 36 months | On or after mandatory 2 months no driving |
Also, refusal triggers requirements similar to high-BAC cases: IID for 2 years following reinstatement + likely alcohol-education program + potentially SR22 insurance. (Colorado Department of Revenue)
Special Rules for Commercial Drivers
If you hold a valid commercial driver license (CDL or permit) when stopped:
- First offense → one-year revocation of commercial license/privileges.
- Second offense → lifetime disqualification of commercial driving privileges.
If you were driving a commercial motor vehicle and BAC was between 0.04% and 0.079%, the first offense is still one-year revocation; second offense is lifetime disqualification. No probationary license or early reinstatement is permitted for commercial driving privileges.(Colorado Department of Revenue)
Challenging the Revocation: Express Consent Hearing
- After a chemical test + BAC over the limit, or a refusal, you will receive an “Express Consent Affidavit and Notice of Revocation.”
- For a blood test, the notice may come by mail (since breath test results are often immediate).
- You have 7 days to request a hearing (to contest the administrative license revocation) from the date you receive the notice.
- Request is typically made through the DMV’s Hearings Division (in person or by mail/email), addressing the reason for contesting revocation.
At the hearing, a hearing officer reviews the case — if a chemical test was taken, they consider BAC result & timing; if refusal, they examine whether the officer had probable cause to suspect impairment and if request for test was lawful. If the hearing officer finds in favor of law enforcement, the license revocation stands. (Colorado Department of Revenue)
